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Supreme Court Narrows Reach of Telephone Consumer Protection Act | Orrick, Herrington & Sutcliffe LLP

To embed, copy and paste the code into your website or blog: Last week, the U.S. Supreme Court issued a decision that, at least in the short run, is likely to dramatically reduce litigation under the Telephone Consumer Protection Act (“TCPA”). In Facebook, Inc. v. Duguid, the Court held that only a narrow set of telephone equipment meets the definition of “an automatic telephone dialing system” (“ATDS”) for purposes of the statute’s ban on making certain types of calls with an ATDS.  The TCPA’s prohibition on using an ATDS to call a cell phone without prior express consent has spawned a considerable volume of consumer class action litigation, and led to large pay-days for some plaintiffs’ attorneys.  Significantly, the Court held that the statutory definition of an ATDS is limited to devices with the capacity to use a random or sequential number generator to either store or produce telephone numbers for dialing.  While automated dialers at one time may have re

SCOTUS Provides TCPA Clarity by Rejecting Expansive Autodialer Definition | Wiley Rein LLP

SCOTUS Provides TCPA Clarity by Rejecting Expansive Autodialer Definition | Wiley Rein LLP
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The Supreme Court Issues Its Long Awaited Decision In Facebook And Clears Up The Circuit Split On The Definition Of An ATDS - Consumer Protection

At long last, the Supreme Court issued its ruling on  Background For any company that markets via text messages, the Telephone Consumer Protection Act ( TCPA ) has been a major source of potential liability, providing for steep statutory damages for any company that uses an automatic telephone dialing system ( autodialer ) to send text messages to consumers without their prior express consent. The TCPA defines an autodialer as equipment with the capacity to both store or produce telephone numbers to be called, using a random sequential number generator, and to dial those numbers.  47 U.S.C. § 227(a)(1). Over the years, a circuit split emerged over the critical issue

Victory for Clarity: SCOTUS Rejects Expansive Autodialer Definition | Wiley Rein LLP

Victory for Clarity: SCOTUS Rejects Expansive Autodialer Definition | Wiley Rein LLP
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